Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/10/2017 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| HB77 | |
| HB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 77 | TELECONFERENCED | |
| + | HB 104 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 54 | TELECONFERENCED | |
SB 54-CRIME AND SENTENCING
1:35:58 PM
CHAIR COGHILL announced the consideration of SB 54 and asked Mr.
Shilling to review the fiscal note. He stated displeasure that
it took so long in coming and that there is no one from the
department available to speak to it. His understanding is that
there is tension among the departments, and that this is a very
conservative fiscal note. He stated his intention to bring the
matter up in the next committee of referral, so it will be
scrutinized.
1:40:35 PM
JORDAN SHILLING, Staff, Senator John Coghill, Alaska State
Legislature, reviewed the Department of Corrections fiscal note
for SB 54. He reported that the requested appropriation for
FY2018 and beyond is $4.33 million. Based on assumptions that
were used last year for Senate Bill 91, the department is
projecting an increase to the inmate population of about 286
inmates per day, based on a daily marginal rate of $41.49 per
inmate.
1:42:10 PM
SENATOR KELLY joined the committee.
SENATOR MEYER said he would have anticipated an indeterminate
fiscal note because the projected cost ranges from zero to $4.33
million.
CHAIR COGHILL explained that the range is based on the bill
providing zero to 2-year terms of incarceration for three
different felony and misdemeanor charges.
1:45:00 PM
SENATOR MEYER expressed frustration that the department wasn't
available to provide an explanation. He added that if the fiscal
note were indeterminate, that would indicate the cost could be
somewhere between zero and $4.33 million. As currently written
the upper limit stands out.
CHAIR COGHILL said he shares the frustration but he doesn't want
to hold the bill any longer.
SENATOR MEYER recapped the chair's statement to rely on the
Finance Committee to scrutinize the numbers.
CHAIR COGHILL said that's correct and he intends to pass along
the concerns expressed in this committee.
He asked Mr. Shilling to continue.
1:46:21 PM
MR. SHILLING detailed the anticipated FY2018 fiscal impacts by
individual policy. He said the class C felony policy provides a
presumptive range of active incarceration of zero to one year.
The fiscal note projects an increase to the inmate population of
about 196 persons per day at a cost of up to $2.96 million,
based on the daily marginal rate per person of $41.49.
CHAIR COGHILL clarified that the marginal rate is the cost of
incarceration minus the facility charges.
MR. SHILLING advised that the policy for mandatory minimum
probation term lengths for felony sex offenders is expected to
result in an increase of 24,837 probation supervision days. This
would increase the daily average probationer by 68, which would
require additional resources. He highlighted that the fiscal
note does not provide for any additional full-time employees to
accommodate the increase in probation and caseloads resulting
from this policy.
The policy whereby a second conviction of a class A misdemeanor
would result in a sentence of zero to 60 days is projected to
increase the inmate population by about 73 persons per day. This
could increase the cost by up to $1.1 million based on a daily
marginal rate of $41.49.
The policy regarding violation of conditions of release allows
for a sentence of not more than five days. It is projected to
increase institutional expenditures from zero (no persons) to
$136,294 (nine persons) annually, based on a daily marginal rate
of $41.49.
The policy regarding theft in the fourth degree and similar
offenses provides a sentence of up to 10 days of active
imprisonment for a third and subsequent offense, and up to five
days of active imprisonment for a second conviction. This change
would impact the inmate population reductions predicted in
passing Senate Bill 91 and it anticipates increasing the inmate
population by about eight persons per day. This could increase
the institutional expenditures by zero (no persons) up to
$121,150 (eight persons) annually, based on a daily marginal
rate of $41.49.
The narrative next addresses the five-year lookback for the
purpose of counting prior convictions for class A misdemeanor
aggravators. It says the department is unable to quantify the
impacts of the section.
The narrative also refers to two aspects of SB 54 that are not
anticipated to cost money. The first is the sex trafficking
provision that removes the loophole and seeks to address the
original problem that Senate Bill 91 attempted to address. The
second is the provision that limits the use of pretrial risk
assessments for defendants who are not detained in a DOC
facility following arrest.
1:50:31 PM
SENATOR COSTELLO referenced the lookback for counting prior
convictions on page 3, paragraph 2, and asked if he discussed
the potential for the department to return with an additional
request from the legislature.
MR. SHILLING opined that it would likely be a reduction if the
department could quantify the impact of the provision.
1:51:33 PM
CHAIR COGHILL found no further questions and solicited a motion.
1:52:04 PM
SENATOR COSTELLO moved to report the CS for SB 54(JUD), labeled
30-LS0461\R, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COGHILL announced that without objection, CSSB 54(JUD) is
reported from the Senate Judiciary Standing Committee.